Kathleen Campbell v. HHS - Influenza, shoulder injury (2021)

Kathleen Campbell filed a petition on March 27, 2017, alleging that an influenza vaccine administered on October 7, 2015, caused a shoulder injury related to vaccine administration (SIRVA). She claimed the injury developed within 24 hours of vaccination.

The respondent, the Secretary of Health and Human Services, argued that Ms. Campbell's pre-existing shoulder injuries and the fact that her significant shoulder pain began approximately three weeks after vaccination, following an incident where she caught her partner from falling, prevented her from establishing entitlement.

The case involved extensive procedural history, including settlement negotiations, the filing of affidavits, and a fact hearing held via video conferencing on April 16, 2020, due to the coronavirus pandemic. A June 10, 2020 Ruling found that Ms.

Campbell began to experience severe shoulder pain on October 26, 2015, after attempting to prevent her partner from falling. Following this ruling, Ms.

Campbell stated she did not intend to obtain an expert report. To receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine "actually caused" the injury.

The Special Master found that the evidence did not support Ms. Campbell's allegation of an on-Table SIRVA injury due to the delayed onset of significant pain, which occurred approximately three weeks after vaccination and was linked to a fall.

As Ms. Campbell declined to pursue a causation-in-fact claim with supporting medical opinion after the finding that her pain onset was delayed, her case was dismissed for insufficient proof.

The decision was issued by Special Master Christian J. Moran on January 29, 2021.

Petitioner counsel was Joseph A. Vuckovich of Maglio Christopher and Toale, PA.

Respondent counsel was Lisa A. Watts and Althea Walker Davis of the United States Department of Justice.